CONDITIONS OF CONTRACT
Clause 31 Store of
Clause 31
Quarry All quarry fees, royalties, Octroi dues and ground rent for stacking materials, if any, shall be paid by the contractor.
Clause 37
Compensation under workmen’s compensation act
The contractor shall be responsible for and shall pay any to his workmen payable under the workmen's Compensation Act, 1923 (VIII of 1923), (hereinafter called the said Act) for injuries caused to the workmen. If such compensation is payable/paid by University as principal under sub-section (I) of section 12 of the said Act on behalf of the contractor, it shall be recoverable by University from the contractor under sub-section (2) of the said section. Such compensation shall be recovered in the manner laid down in clause I above.
Clause 37 A
The contractor shall be responsible for and shall pay the expenses of providing medical aid to any workman who may suffer a bodily injury as a result of an accident. If such expenses are incurred by University the same shall be recoverable from the contractor forth with and be deducted without prejudice to any other remedy of University from any amount due or that may become due to the contractor.
Clause 37 B
The contractor shall provide all necessary personal safety equipment's and first aid apparatus available for the use of the person employed on the site and shall maintain the same in condition suitable for immediate use at any time and shall comply with the following regulation in connection therewith.
(A) The workers shall be required to use the equipment so provided by the contractor and the contractor shall take adequate steps to ensure proper use of
Equipment by those concerned.
(B) When work is carried on in proximity to any place where there is a risk of drawing all necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for the prompt rescue of any person in danger.
(C) Adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work.
Clause 37 C
The contractor shall duly comply with the provision of the Apprentice Act 1961 (III of 1961) the rules made there under and the orders that may be issued from time to time under the said Act and the said Rules and on his failure of neglect to do so he shall be subject to all the liabilities Provide by act and said rule.
(Govt. circular No.CAT-6076/3336/ (400)/Bldg.2 dt.16-8-1985.) Clause 38
Claims for quantities entered in tender or
more. (1) (1)Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work executed being either more or less
estimate than those entered in the tender or estimate.
(2)Quantities in respect of the several items shown in the tender are approximate and no revision in the tendered rate shall be permitted in respect of any of the items so long as, subject to any special provision contained in the specifications prescribing a different percentage of permissible variation in the quantity of the items does not exceed the tender quantity by more than 25 percent and so long as the value of the excess quantity beyond this limit at the rate of the items specified in the tender, is not more than Rs.5,000/-.
(3) “The contractor shall, if ordered in writing by the Engineer so to do, also carry out any quantities in excess of the limit mentioned in sub-clause (1) hereof on the same conditions as and in accordance with the specifications in the tender and at the rates (I) derived from the rates entered in the current schedule of rates and in absence of such rates, (II) at the rate prevailing in the market, the said rates increased or decreased as the case may be by the percentage which the total tendered amount bears to the estimated cost of the work as put to tender based upon the schedule of rates applicable to the year in which the tenders were invited. For the purpose of operation of this clause, this cost shall be worked out from the D.S.R.
prevailing at the time of acceptance of tender.
( 4) Claim arising out of reduction in the tendered quantity of any item beyond 25 percent will be governed by the provision of clause 15 only when the amount of such reduction beyond 25 per cent at the rate of items specified in the tender is more than Rs. 5,000/-.
Clause 39
Employment of famine labours etc.
The contractor shall employ any famine, convict or other labour of a particular kind or class if ordered in writing to do so by the Registrar.
Clause 40
Claims for compensation for delay in start of work
No compensation shall be allowed for any delay caused in the starting of the work on account of acquisition of land or, in the case of clearance works, on account of any delay in according sanction to estimates.
Clause 41
Claims for compensation for delay in start of work
No compensation shall be allowed for any delay caused in the starting of the work on account of water, standing in borrows pits or compartments. The rates are inclusive for hard or cracked soil, excavation in mud, sub-soil water or water standing in borrows pits and no claim for an extra rate shall be entertained unless otherwise expressly specified.
Clause 42
Entering upon or commencing any portion of work
The contractor shall not enter upon or commence any portion of work except with the written authority and instruction of the Registrar or his authorized representative of the work. Failing such authority the contractor shall have no claim to ask for measurements of the payment
for work.
Clause 43
Minimum age persons employed, the employment of donkeys and or other animals and the payment of fair wages
i) No contractor shall employ any person who is under the age or 18 years.
(ii) No contractor shall employ donkeys or other animals with breaching of string or thin ropes. The breaching must be at least three inches wide and should be of tape (Newar).
(iii) No animal suffering from sores, lameness or emaciation or which is immature animal shall be employed on the work.
(iv) Registrar or his authorized representative is authorized to remove from the work, any person or animal found working which does not satisfy these conditions and no responsibility shall be accepted by University for any delay caused in the completion of the work by such removal.
(v) The contractor shall pay fair and reasonable wages to the workmen employed by him in the contract under taken by him. In event of any dispute arising between contractor and his workmen on the grounds that the wages paid are not fair and reasonable, the dispute shall be refereed without delay to the Registrar who shall decide the same. The decision of the Registrar shall be conclusive and binding on the contractor but such decision shall not in any way affect the conditions in the contract regarding the payment to be made by University at the sanctioned tender rates.
(vi) Contractor shall provide drinking water facilities to the workers, Similar amenities shall be provided to the workers engaged on large work in urban areas.
(vii) All facilities provided in the contractor labour (Regulation &
Abolition Act 1971), The Maharashtra Contract Labour regulation &
Abolition rule 1971 should be provided.
Clause 44
Method of payment
Payment to contractors shall be made by cheque drawn or online them, provided the amount exceed Rs.10. Amounts not exceeding Rs.10 will be paid in cash.
Clause 45
Acceptance of conditions
compulsory before tendering for the work
Any contractor who does not accept these conditions shall not be allowed to tender for works.
Clause 46
Employment in scarcity labours
If Government declares a state of scarcity or famine to exist in any village situated within 10 miles of the work, the contractor shall employ upon such parts of the work, as are suitable for unskilled labour, any person certified to him by the Registrar, or be any person to whom the Registrar may have delegated this duty in writing to be in need of relief and shall be bound to pay to such person in wages not below the minimum which Government may have fixed in this behalf.
Any dispute which may arise in connection with the implementation
of this clause shall be decided by the Registrar whose decision shall be final and binding on the Contractor
Clause 47
The price quoted by the contractor shall not in any case exceed the control price, if any, fixed by Government or reasonable price which it is permissible for him to charge a private purchase for the same class and description of goods under the provision of Hoarding or Profiteering prevention Ordinance, 1948 as amended from time to time. If the price quoted exceeds the controlled price or the price permissible under Hoarding and Profiteering Prevention Ordinance, the contractor will specifically mention this fact in his tender along with the reasons for quoting such higher prices. The purchaser at his discretion will in such case exercise the right of revising the price at any stage so as to confirm with the controlled price on the permissible under the Hoarding and Profiteering Prevention Ordinance. This discretion will be exercised without prejudice to any other action that may be taken against the contractor.
Clause 47(A)
a) Bidder shall quote his rate considering the provisions covered under GST Act. 2017.
b) Provisional Amount of GST @ 2% i.e.1% CGST+1% SGST will be deducted at source (TDS) after the enforcement of Section 51 of Maharashtra Goods and Service Act.2017.
c) Bidder shall quote his rate excluding GST.
d) GST shall be paid on the amount of bill of the work done as per prevailing guidelines rate of GST during the period of work done as applicable. Necessary evidence is required.
e) The rates quoted by the contractor shall be deemed to be inclusive of the labour welfare cess and other taxes (other than GST) that the contractor will have to pay for the performance of this contract. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.
Clause 48
In case of materials that may remain surplus with the contractor from those issued for the work contracted for, the date of ascertainment of the materials being surplus will be taken as the date of sale for the purpose of sales tax and sales tax will be recovered on such sale.
Clause 49
Government Circular No. CAT- 1284/(120)/Bldg-2 Dt.14-8-85
The Contractor shall employ the unskilled labour to be employed by him on the said work only from locally available labours and shall give preference to those persons enrolled under Maharashtra Government Employment and Self Employment Department's Scheme.
Provided, however, that if the required unskilled labours are not available locally, the contractor shall in the first instance employ such number of persons as is available and thereafter may with previous
permission, in writing of the Registrar of said work, obtain the rest of requirement of unskilled labour from outside the above scheme.
Clause 50
The contractor shall comply with the provision of the apprentices Act 1961 & the rules and orders issued there under from time to time, if he fails to do so this failure will be a breach of the contract and the Registrar, may in his discretion may cancel the contract. The contractor shall also be liable for precautionary liability arising on account of any violation by him of the provision of Act.
The contractor shall pay laborers, skilled and unskilled according to prescribed wages by Minimum Wages Act, 1948 applicable to the area in which work lies.
The contractor to take precautions against accidents which take place on account of labour using loose garments while working on machinery.
Clause 51
All amounts whatsoever which the contractor is liable to pay to the University in connection with the execution of the work including the amount payable in respect of (I) materials and / or stores supplied issued hereunder by the University to the contractor. (II) hire charges in respect of heavy plant, machinery and equipment given on hire, by the University to the contractor for execution by him of the work and / or on which advances have been given by the University to the contractor shall be deemed to be arrears of Land Revenue and University to the contractor shall be may without prejudice to any other rights and remedies of the University recover the same from the contractor as arrears of land revenue. (CAT-1274/40364/Desk-2, dt.7/12/76)
Clause 52
The contractor shall duly comply with all the provision of the contract Labour (Regulation and Abolition) Act.1970 (37 of 1970) and the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 as amended from time to time and all other relevant statutes and statutory provision concerning payment of wages particularly to workmen employed by the contractor and working on site of work. In particular the contractor shall pay wages to each worker employed by him on the site of the work at the rates prescribed under the Maharashtra Contractor Labour (Regulation and Abolition) Rules, 1971. If the contractor fails or neglects to pay wages at the said rates or makes short payment and the University makes such payment of wages in full or part thereof less paid by the contractor, as the case may be, the amount so paid by the University to such worker shall be deemed to be an arrears of land revenue and the University shall be entitled to recover the same as such from the contractor or deduce the same from any other amount payable to him by the University.
Clause 53
The contractor shall engage apprentice such as brick layer, carpenter, wiremen, plumber, as well as blacksmith recommended by the State Apprenticeship Advisor Director of Technical Education, Dhobi Talaw, Mumbai 400 001. In the construction work (as per circular of Government of Maharashtra, Education Department No.CAT/1086/
CR-243/K/Bldg.32dt.11.8.1987) Clause 54
(Govt. of Maharashtra P.W.D. resolution No.
CAT/1086/CR- 243/K/Bldg- 2,dt.11/8/87)
A. The anti-malaria and other health, measures shall be as directed by the joint Director (Malaria and Filaria) of Health Service, Pune.
B. Contractor shall see that mosquitogenic conditions are not created so as to keep vector population to minimum level.
C. Contractor shall carry out anti malaria measures in the area as per guidelines prescribed under National Malaria Eradication Programme and as directed by the Joint Director (M&F) of Health Services, Pune.
D. In case of default in, carrying out prescribed anit malaria measured resulting in increase in malaria incidence, contractor shall be liable to pay to Corporation the amount spent by University on anti malaria measures to control the situation in addition to fine.
E. RELATIONS WITH PUBLIC AUTHORITIES:-
The contractor shall make sufficient arrangements for draining away the sewage water as well as water coming from the bathing and washing places and shall dispose off this water in such a way as not to cause any nuisance. He shall also keep the premises clean by employing sufficient number of sweepers.
The contractor shall comply with all rules, regulations, bye-laws and directions given from time to time by any local or public authority in connection with this work and shall pay fees or charges which are livable on him without any extra cost to University.
Clause 55
The Building and Other
Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996
All the establishments who carryon any building or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay Cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government.
The Employer of the establishment is required to provide safety measures at the Building or construction work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government.
Clause 56
Mandatory testing of Material Penalty
Mandatory Testing of Material Penalty :- It is mandatory on the part of contractor to carry out all the required tests of various construction materials as mentioned in schedule “B” of the tender. If the contractor fails to submit required test result to the various construction in materials as mentioned in the items schedule “B” he will be liable to deposit the amount at penal rate of Five times of the amount of particular test which he has not carried out. Contractor will be informed by the Engineer – in – charge through letter. On receipt of
letter, contractor will have to either deposit the said amount or to carry out the required test within ten day. If he again fails to carry out the required tests in stipulated time, the said tests will be carried out by the Department and total expenditure incurred on the testing charges plus five times amount of testing charges will be recovered from the contractors bill. As this recovery is only due to the negligence on the part of contractor to carry out work as per Tender condition and Executive Engineer‟s decision will be final and binding on the contractor and it can not challenged by the contractor by way of Appeal, Arbitration or in the Court of Law. Considering above, relevant clause shall be included in DTP. Tender Percentage for Royalty, Testing charges and Man Power While preparing D.T.P. the schedule “B” /BOQ amount shall be divided as (A) work portion and (B) Royalty charges, Testing charges and Man power for Dept. For B-1 Tender the percentage shall be applied to work portion (A) only.
For B-2 tender the rate of item shall be applied to work portion (A) only. In above both case the part “B” of schedule B/BOQ will be intact. Considering above, relevant clause shall be including in DTP.
Please refer
1. सार्वजनिक बाांधकाम नर्भाग, शासि निर्वय, क्रमाांक – सीएटी/२०१७/प्र. क्र ०८/ इमा – ०२ नििाांक – १२ एनप्रल, २०१७
2. शासि शुद्धिपत्रक क्रमाांक – सीएटी/२०१७/प्र. क्र ०८/ इमा – ०२ नििाांक –२९ जूि, २०१७
3. Govt. Circular No. Sankirn-2017/C.R.121/Part II/Bldg.2 dt. 19/09/2017